Biomassa e desenvolvimento sustentável e sócio regional no Brasil: uma análise à luz da Constituição Federal de 1988

It is verified worldwide an increasing concern with the protection of natural resources in the planet, a fact that became relevant in Brazil since the promulgation of the Constitution of 1988, based on the viewpoint of sustainable development, which seeks to promote economic activities in the country according to the need for conservation and preservation of natural resources for the use of present and future generations. In addition, we seek to reduce the differences that occur in our society by determining as a fundamental objective to be persecuted by the Federative Republic of Brazil the reduction of social and regional inequalities. A value that should also be observed in the context of economic activities developed here, since it is a general principle of financial and economic order of the country. Therefore, considering the exhaustion of world s reserves of fossil fuels, as well as the impacts on the environment, especially for the large emission of greenhouse effect gases, the debate about the need to change the global energy matrix increases while alternative energy sources appears as a bet to fulfill the contemporary aspirations for sustainability, and Brazil emerges in a very favorable position, because it has the essential natural conditions to allow this sector s full development. In this perspective, the work has the scope to analyze how the production of alternative energy sources may act in the search for concretization of constitutional values, to promote sustainable development for present and future generations, and to reduce regional and social inequalities in an attempt to improve the quality of life of the population. It will also be observed the current regulatory framework of alternative energy sources in the national laws to verify the existence of legal and institutional security, which is necessary to guarantee the full development of the sector in the country. And to investigate the expected results, it will be observed through the concrete evaluation of specific practices adopted in the industry, analyzing their actual compliance with the constitutional provisions under analysis, based on the examination of the possibility of using renewable biomass sources for biofuel production, promoting development to the country, indicating the opening lines about how this important sector can act to solve the energy challenge today

Parâmetros de concretização judicial do direito fundamental à saúde no fornecimento de medicamentos

In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health

Apelação no código de processo civil: uma análise sob o prisma do princípio da efetividade

The present dissertation, elaborated is based on the deductive method, through the use of the General Theory of Resources concepts, by the main types of judgments existing in the Code of Civil Procedure, the interlocutory judgment and sentence, as well as the features and effects that challenge these decisions, we sought to identify on this theme one of the greatest evils facing the justice system in the world, which is the processing delays. This slowness in adjudication affects seriously the principle of effectiveness, one of the postulates of procedural law and society as a whole. Thus, the use of tort serves to fight the interlocutory decision and appeal which challenges the judge`s ruling. It is a resource for excellence in appellate system as it meets with the most awaited decision of the process. In weighing the importance of the appeal that seeks to oppose the court decision today by the numerous reforms that the procedural system has been through, it has ended up to transform the process ineffective or inconsistent, for it is much easier to have efficacy in a interlocutory decision for preliminary injunction than by judgment on the merits of the judge. This is due to the prevision of the resources and their effect to those decisions. That is, the interlocutory decision involves interlocutory appeal only in the devolved effect, allowing its provisional execution, and the sentence has as recourse to appeal the double effect, remanding and suspension, which necessarily prevents its provisional execution. But it undeniably shows a paradox, because as to give effect to a measure that is based on a mere probability by a summary cognition, partial and superficial, and stop it on a decision by a court that is closer to the truth and sure, for a full and depleting cognition? It is seriously affect the principle of effectiveness. Therefore, starting from this ineffectiveness, sought to defend the solution of this problem with the approval of the bill n. º 3.605/2004 or the new Code of Civil Procedure project that modifies the general rule the effects of appeal. That is, remanding and suspensive, as to merely remanding effect to and thereby enable the provisional execution of the judgment of the court of the first degree of jurisdiction, giving effectiveness and enhancing the decision of the magistrate, making a fair distribution of time in the process and better guaranteed principle of access to justice

O sistema de certificação do etanol brasileiro sob a ótica do princípio constitucional do desenvolvimento sustentável

The gradual inclusion of biofuels is a necessary change that countries must include in their energy mixes. Energy sources still widely used in the world, such as oil and coal, are endowed with a high pollution load to the environment, bringing damages to the water, to the air and to humans as well. In addition, although there are conflicting studies, they are also identified as major causes of the greenhouse effect and the global warming phenomenon. They are, moreover, finite sources of energy, given that its reserves will surely run out. However, even if the introduction of biofuels, such as ethanol, in the energy mix is crucial for the survival of the present and future populations, this insertion cannot settle so disorderly and, thus, one must ensure the quality of these resources and promote transparency in international trade. In this manner, a certification process for ethanol is essential to attest that this biofuel meets the sustainable requirements defined for its production. Hence, this study sought to address the importance of the adoption of certification in the ethanol industry, according to the principle of sustainable development, by analyzing the evolution of its concept, its combination with the fundamental objectives sculptured in the Constitution of 1988, its regulation under Brazilian laws and the need for a balance between economic activities and the mentioned principle. The work also encompassed the criteria used to establish certification standards and their participating actors, combined with a study of ongoing initiatives. Finally, the consequences of the adoption of a certification process for ethanol in Brazil were presented, both in terms of sustainable development and in international trade

Hermenêutica constitucional e fficácia dos Direitos Sociais

The present research has, as general objective, to seek a constitucional hermeneutics directed toward the improvement of the efficacy of the social rights rules, with the purpose to solve the elapsins problems from the general picture of its inefficiency, which are disposed on the Constitution, in its ample majority, as mere regular norms. Leaving of the premise that no Constitutional norm can be without being materialized and the true development of the State is it the social one (based on the principles of freedom, equality and solidarity), it will be demonstrated that the arguments in favor of the legislative inefficiency configure a true blow on the Democratic State of Brazilian Law. For this, it will be done, preliminarily, a study of the basic rights, legal category where it is found the social rights. To follow, it will be analyzed the hermeneutics of the legal norms, with emphasis on the specifics of the constitutional hermeneutics and its methods of interpretation. Finally, the aspect on the improvement of efficacy and the effectiveness of the social rights will be studied, through a new readind of certain dogmas that still persist in the legal world, being distinguished the institutiones of the reserve of the possible and the existential minimum. Ahead of this, after verifying the new paradigmas of the interpretable activity, will be demonstrated how it is possible to get an upgrade on the effectiveness of the social rights

O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

Inclusão e deficiência: em busca das representações sociais na mídia impressa em Natal/RN

This thesis is the result of an extensive research on print media discourse on the inclusion of disabled people in society. Articles published in the newspapers Diário de Natal/O Poti and Tribuna do Norte from 1992 to 2002 have been analyzed. Beginning with the very same questions that moved Moscovici (1978) in his classic study La Psychalyse son image et son public , according to which the media play a predominant role in the formation and propagation of social representations as well as in the construction of human behaviors, we have chosen this mass media as our investigation field. Understanding the importance of the communication theory, we intend to associate it to the social representation theory, since communication, as an aspiration, relates to the fundamentals of all humanity (WOLTON, 2004, p. 56). Moreover, means of communication represent an important space for symbolic production and representational process, allowing the analysis of the circulating discourses on social inclusion and disability. Based on these questions, we have determined social representations present in print media on the subject to be our study object. This objective was elected due to the fact that the thematic of disability and inclusion is scarcely and sporadically found in journalistic speech. The research questions have been: which is the representation of disabled people s condition in print media? What changes have occurred during the analyzed period and which was the role played by print media in this process? The research corpus was composed of newspaper articles about various aspects concerning disability and of free word association by reporters. We have analysed: 1) graphical language promoted by the picture of the substances propagated in the period from 1992 a 2002; 2) free word association experiments carried out with reporters of both newspapers; and 3) texts published from 1996 to 1997 using the high-tech program ALCESTE (Contextual Lexical Analysis of a Set of Segments of Texts). The results revealed that the print media in Natal/RN refer to the topic in a discontinuous way, and depend on specific events to highlight disabled people s fight for their rights. Social inclusion is still a great challenge for these people in all levels. We believe that this incapacity to overcome all kinds of obstacles is established in a dialectic relation between society and the media: society remains silent (the manifestation of interest for the cause only attracts some people s or groups attention) and the media, which selects which information is to be broadcasted, gives no evidence to the issue. This representation may be noticed in the infrequency in which articles about the subject are published, as well as in the emphasis to sports, a more important issue for the media. An implication of this study is that a new perspective is opened for analysis and reflection: the Paralympics games as both an inclusive and a segregating social phenomenon. It would be beautiful to have all of us together!

O sertão potiguar comunica: midiatização e práticas sociais. Ou como a recepção da pauta política se desdobra em práticas sociais em Pau dos Ferros

This dissertation is the result of the development of a two-year research entitled POTIGUAR ACROSS THE COMMUNICATION: MEDIATIZATION AND SOCIAL PRACTICES. Or as the reception of the political agenda unfolds in social practices of the Pau dos Ferros, showwing Pau dos Ferros as a provincial oestano of Rio Grande do Norte, now living a meaningful set of social transformations, which interact with practices media that have just mediatized new public policies in the area of Technical Education and Higher Education. Thus, with the introduction and expansion of state and federal public policy of democratization of Technical and Higher Education in the period 2002 to 2010, the phenomenon of migration of students from elementary and high school, before existing in the region has changed significantly in that Pau dos Ferros polo is made. The concentration of the media city in the hands of politicians, in their favor, and the emergence of new midiatizações are contributed to the formation of this (non-migration) and other social practices, reinventing and rearranging the schedule of the ideas and concepts about the educational practices. Our goal is to observe the relationship of interaction between media, politics and education and examine how young students are realizing this interaction. Under the prospects of receiving the light of Cultural Studies, strolling our research primarily on the technique of focus group data collection

A criança e o brinquedo-TV: análise sobre o discurso publicitário direcionado para a infância na Rede Globo de Televisão

Esta investigación es un análisis del contexto actual que rodea a la publicidad brasileña, más concretamente, la publicidad discurso televisivo dirigido a los niños en Brasil. Análisis de los documentos se basa en la revisión retórica (Leach, 2004) (SODRE, 2006) A partir de la primera supuesta inadecuación de algunos de sus contenidos al público para que se comunican. También investiga las posibilidades de regulación y la educación del consumidor y el papel de los medios de comunicación en la sociedad mediante la movilización exigiendo el cumplimiento y la mejora de la legislación vigente, evitando los posibles abusos y distorsiones de las secciones generales de la ley. Hemos llevado a cabo por separado se analiza en los niños y sus conceptualizaciones y la función social, abordando también el juguete y el acto de jugar hoy y su sede histórica en un intento de crear una fundación que apoya el análisis de la relación entre la infancia y la publicidad y el consumo, basado en obras de Roger Silverstone, Kapferer, Leontiev y Walter Benjamin. También se hicieron inferencias basadas en estudios de Pablo Del Río, sobre las posibles consecuencias psicológicas del consumo de medios por los niños, sin embargo, en arvorarmos llevar a cabo investigaciones en el estudio de la recepción. Se enfrentarán, tanto en acciones a favor de la aprobación de la Ley 5.921/2001 N º Suplente sugiere que la prohibición de la publicidad infantil en todo el país, los enfoques ampliamente "integrado" y por lo tanto, favorables a la continuidad de la actividad publicitaria en el país bajo la acción de la CONAR de autorregulación, lo que demuestra sin embargo, la viabilidad de ambas propuestas. Tambien relativa a el CONAR se llevó a cabo un estudio sobre su Consejo Asesor, dando a entender su composición y características. Por último, se estudian las posibilidades y el concepto de la educación para el consumo de los medios de comunicación, a partir de la utilización de los recursos de los propios medios de comunicación, como una propuesta para un cambio de paradigma en el mercado de la publicidad en Brasil. En conclusión, vemos que a partir del análisis de la publicidad comercial de los niños atendidos por la Red Globo de Televisión, en una muestra de 170 inserciones, todavía existen graves lagunas, pero que los desequilibrios se pueden resolver con medidas relativamente sencillas que incluyan campañas de educación y la exigencia de adecuación de los pocos grandes anunciantes que violan la ley. Afortunadamente, una nueva entrega de los anunciantes mostró la responsabilidad social en sus acciones

Mídias sociais e práticas de participação política: um estudo de caso das eleições municipais 2012, em Natal

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Gestão de estoques: uma proposta de reposição contínua para material médico hospitalar e medicamentos em um hospital universitário federal do estado do Rio Grande do Norte

The inventory management in hospitals is of paramount importance, since the supply materials and drugs interruption can cause irreparable damage to human lives while excess inventories involves immobilization of capital. Hospitals should use techniques of inventory management to perform replenishment in shorter and shorter intervals, in order to reduce inventories and fixed assets and meet citizens requirements properly. The inventory management can be an even bigger problem for public hospitals, which have restrictions on the use of resources and decisionmaking structure more bureaucratized. Currently the University Hospital Onofre Lopes (HUOL) uses a periodic replacement policy for hospital medical supplies and medicines, which involves one moment surplus stock replenishment, the next out of stock items. This study aims to propose a system for continuous replenishment through order point for inventory of medical supplies and medicines to the hospital HUOL. Therefore, a literature review of Federal University Hospitals Management, Logistics, Inventory Management and Replenishment System in Hospitals was performed, emphasizing the demand forecast, classification or ABC curve and order point system. And also, policies of inventory management and the current proposal were described, dealing with profile of the mentioned institution, the current policy of inventory management and simulation for continuous replenishment order point. For the simulation, the sample consisted of 102 and 44 items of medical and hospital drugs, respectively, selected using the ABC classification of inventory, prioritizing items of Class A, which contains the most relevant items in added value, representing 80 % of the financial value in 2012 fiscal year. Considering that it is a public organization, subject to the laws, we performed two simulations: the first, following the signs for inventory management of Instruction No. 205 (IN 205 ), from Secretary of Public Administration of the Presidency ( SEDAP / PR ), and the second, based on the literature specializing in inventory management hospital. The results of two simulations were compared to the current policy of replenishment system. Among these results are: an indication that the system for continuous replenishment reorder point based on IN 205 provides lower levels of safety stock and maximum stock, enables a 17% reduction in the amount spent for the full replenishment of inventories, in other words, decreasing capital assets, as well as reduction in stock quantity, also the simulation made from the literature has indicated parameters that prevent the application of this technique to all items of the sample. Hence, a change in inventory management of HUOL, with the application of the continuous replenishment according to IN 205, provides a significant reduction in acquisition costs of medical and hospital medicine

Avaliação de implementação da Educação Superior a Distância: o caso da Secretaria de Educação a Distância da Universidade Federal do Rio Grande do Norte SEDIS/UFRN

The considerable expansion of Distance Education registered in recent years in Brazil raises the importance of debate about how the implementation of this policy has been happening so that formulators and implementers make better informed decisions, maximizing results, identifying successes and overcoming bottlenecks. This study aims to evaluate the implementation process of Distance Education policy by Secretary of Distance Education of the Federal University of Rio Grande do Norte. For this, we sought to use an evaluation proposal consistent with this policy, and came to the one developed by Sonia Draibe (2001), which suggests an analysis called anatomy of evaluation general process. To achieve the objectives, we made a qualitative research, case study type, using documentary research and semi-structured interviews with three groups of subjects who belong to the policy: managers, technicians and beneficiaries. It was concluded that: the implementation process needs a open contact channel between the management and technicians and beneficiaries; the lack of clarity in the dissemination of information between technicians produces noises that affects the outcomes; the absence of dissemination of internal and external actions contributes to the perpetuation of prejudice in relation to Distance Education; using selection criteria based on competence and merit contributes to form a team of skilled technicians to perform their function within the policy; an institution that do not enable technicians generates gaps that possibly will turn into policy implementation failures; all subjects involved in politics need internal evaluations to contribute to improvements in the implementation process, however, a gap is opened between the subjects if there is no socialization of results; the existence of an internal structure that manipulates financial resources and balances the budget from different maintainer programs is essencial; the consortium between IES and municipalities in presential support poles are bottlenecks in the process, since beneficiaries are exposed to inconsistency and lack of commitment of these local municipalities

A institucionalização do programa nacional de Educação Fiscal nos estados brasileiros e Distrito Federal

The research seeks to comprehend the development of the promoting and structuring Fiscal Education actions in the states and in the federal district, attending to the guideline and the administrative requirements established by the Escola de Administração Fazendária (ESAF) to implement the Programa Nacional de Educação Fiscal (PNEF). The study has an exploratory content with a qualitative approach. The informations were collect with a questionnaire applied through the Google-docs by the managers of the program in any federated unit. Were founded several results, as the fragility of the program in the budgeting and financial area, the low frequency of the Grupo de Educação Estadual (GEFE) in regular meetings, the absence to monitor undertaken actions and the absence of interlocution between the GEFE and the forums of national discussions, especially the Conselho Nacional de Política Fazendária (CONFAZ). Despite the fragilities, the work shows the occurrence of some actions to disseminate Fiscal Education in schools and universities, the establishment of partnerships and the participation of the GEFE‟s in the national meetings. With the study, it was possible to conclude that in spite of the weaknesses found in its structure, the PNEF s institutionalized in the states and in the federal district, observing the differences between the federal units in relation to the ripening of the program. Despite the difficulties evidenced, it appears that they are capable of resolution, as far as it recognizes the importance of the Program for the promotion of a culture of active citizenship in the society and it will gives better conditions of implementation

Ssitema integrado de gestão pública: proposta de implantação de um sistema integrado de gestão, autuação e distribuição de termos circunstanciados e inquéritos policiais entre os juizados especiais criminais e delegacias de Natal

Universidade Federal do Rio Grande do Norte

Serviço Social e terceiro setor: considerações sobre as atuais relações e condições de trabalho para o Assistente Social em Natal

The present study analyses the actual relations and work conditions found in the third sector in Natal city, in the context of productive restoration and increasingly retraction from the State in providing Social Service before the new approach that has been destined to the social issue. The study talks about the work of the social worker when fighting the different expressions the social issue has, such as social service provision as a way of teamwork associated to work relations and conditions, to accessible resources and quality control management. These are elements that affect and interfere in the accomplishment and in the work of the social worker itself. The State s improvement, according to neoliberal-political precepts and increasingly retraction from the public investment in the areas of social concern (health, social welfare, assistance) and in the wage and employment policy, besides expanding the partnership with the public and private areas, in search for social services with quality, it has diversified the structures of the professional work with the growth of the so called third sector institutions. However, the absorption of the social workers by the third sector groups in general, has as major features the impoverishment of work relations, the maintenance of an unequal salary model, pointing out the deadline contracts and/or single tasks that generate work instability. The research debates, with a critical view and full perspective, over the conception of the third sector, interpreted as an action that expresses functions and values, treated as a real phenomenon generated from the restoration of the capital based on neoliberal principles. This study aims for responding what the established work relations are and under what work conditions the social worker has been fitting in the third sector and how such a reality echoes in the current work conditions for a social work in the city of Natal, before this new model of state intervention that transfers part of the social service provision to distinctive divisions of society, among them the so called third sector. The research results have shown that like the other workers the social worker passes through the same crises, dilemmas, advances and challenges that occur in the world of employment and which are expressed in the drop of salary average in the growth of contemporary contracts, unemployment, and in the ever more selective requirements to one be included in the social spaces, where the professional work is done, having as a result a greater impoverishment of work relations and conditions as well as more vulnerability as a salaried occupation